Authority: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)
Order Date: 22 September 2026
Case Overview
- Parties: Maharashtra Krishna Valley Development Corporation (through its Executive Engineer) as appellant; Laxman Nivrutti Kangude & Others as respondents; State of Maharashtra also as respondent.
- The appeal concerns an impugned judgment and award dated 7 April 2018. The appellant filed the first appeal on 27 July 2023, resulting in a delay of approximately 1,850 days.
- The appellant sought condonation of delay under Section 5 of the Limitation Act, 1963, providing explanations covering the period from 20 March 2020 onward, but omitted any account for the period from 7 April 2018 to 20 March 2020.
- The court examined the explanations, noting that routine administrative movements of files do not constitute sufficient cause, and referenced Supreme Court precedent (Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy, 2013) emphasizing that vague explanations cannot justify extraordinary delay.
Final Outcome
- The Court held that the appellant failed to demonstrate “sufficient cause” for the five‑year delay; consequently, the interim application for condonation of delay was rejected.
- The first appeal was dismissed, leaving the original judgment and award of 7 April 2018 in force.
Topics: Limitation Act, Appeal Delay